Excavation National obtained a stay of the Autorité des marchés publics (“AMP”)’s decision refusing its authorization to contract with public bodies. The AMP’s decision also triggered the company’s inclusion on the Registre des entreprises non admissibles aux contrats publics (“RENA”), a five-year blacklist that would have barred Excavation National from bidding on public tenders or performing existing public contracts, which could have been fatal to its survival.
The consequences of RENA registration are severe: companies listed are excluded from Québec’s public procurement ecosystem. The reputational fallout extended beyond the public sector, damaging relationships with private clients, suppliers, and creditors.
Within days of the AMP’s decision, Fasken successfully obtained a stay before the Superior Court, resulting in Excavation National’s removal from the RENA pending a full hearing on the merits.
This outcome preserves the company’s ability to continue operating and maintaining its public contracts, while also challenging the unchecked discretion of the AMP under the current legislative framework.
This decision clarifies Québec’s public procurement jurisprudence, reaffirming that the AMP’s powers—though significant—are not absolute. It also underscores the importance of procedural fairness and transparency in administrative decision-making.
Excavation National was represented by Nathalie-Anne Béliveau, Marc James Tacheji, Annie Bernard and Christophe Leduc of Fasken’s litigation team.
Jurisdiction
- Québec
